The Florida Bar requires applicants to disclose any names they have used in the past, whether they are “legal” names or not (for background check purposes), but admits practitioners under their legal name only. However, once admitted, a practitioner may use almost any name so long as he/she sticks to it and reports it to the bar.
[QUOTE=Florida Bar Ethics Opinion 74-20]
The same attorney advises that his legal name is Raymond Richard Rogers (a pseudonym we choose not for its alliterative qualities but because there is no one so listed in the September 1973 Florida Bar Journal). As he grew up, certain family nicknames were used and charitably discarded. The attorney does not like the name Raymond, he does not mind Richard, he prefers Dick.
He has used the name Dick in all legal matters for some time and states that as far as he knows no one has been misled or mistaken as to his identity. He is so listed in The Florida Bar Journal and in the current telephone directory. He asks if he may properly use Dick on his firm letterhead as well as signing correspondence with that name.
We are of the opinion that there is no impropriety in using Dick under the circumstances outlined. We do not think an attorney should practice under two distinctly separate names or even two names which are not for all practical purposes identical. Ordinarily,1 he should use the name under which he was admitted to the bar.
We do not believe that a William signing a letter Bill, a Henry signing a letter Hank, or a Francis signing as Frank is going to mislead anyone, particularly where his full name is set out on his letterhead, although we know of no rule absolutely requiring this.2
But an attorney admitted to practice as Horatio3 Jones might well create confusion by hanging out his shingle as Buddy Jones. If he does not like Horatio and prefers Buddy,4 we believe he can be Buddy but that he should advise The Florida Bar of the name he is using and should see that henceforth he is so listed in legal and telephone directories, on occupational licenses, letterheads, professional cards and shingles.
Just as there are legitimate reasons to use a different name — to avoid confusion, for example—5 there may be instances where an attorney uses another name in order to confuse or to conceal his real identity. Nothing we have stated in response to the question put to us should be construed as approving such a practice.
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There is a gentleman who practices in the same field as me whose pleadings are all signed as (the equivalent of) “X. Y. Smith III.” I’ve never seen his first name printed anywhere - even on his own firm’s website - and he goes by a diminutive form of his (kind of hoity-toity) middle name. This makes it a pain in the arse to find his bar profile when I need his fax number and can’t find him in our records, but it’s acceptable.
While this is certainly subject to state variance it’s unlikely to be much different elsewhere.